<p class="ql-align-center">Kenya Commercial Finance Co Ltd v. Nyaana Saw Mills</p><p class="ql-align-center">Court of Appeal, at Nairobi July 30, 1986</p><p class="ql-align-center">Platt Ag JA</p><p class="ql-align-center">Civil Application No NAI 109 of 1986</p><p class="ql-align-center">July 30, 1986, Platt Ag JA</p><p class="ql-align-center">ORDER</p><p>This is an application for security, first of all for the decretal sum of shs 148,904.60, and secondly for costs estimated at shs. 55,000. Thirdly I am asked to make provision for the costs of the application and intended appeal.</p><p>The applicant bank was the plaintiff in a suit against Nyaana Saw Mills, in which the bank obtained judgment for shs 94,045 with interest at shs 54,859.60. The plaintiff has not yet executed the judgment and there has been no stay of execution. In accordance with order XLI Rule 4 of the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security for his due performance of the decree, which may ultimately be binding upon him. In this way the plaintiff can secure himself wi…</p>